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Let's face it. If you have to pay spousal support, it really sucks. I know that there are some positives like the tax savings, but in all fairness, you would much rather keep that money than pay it out. Either your estranged spouse refuses to work (sometimes on the advice of counsel) or under e...

When you file a California divorce, on the reverse side of the Summons appear several automatic orders. These orders are designed to maintain the status quo until your divorce is final. You can always enter into an agreement with your spouse to set one or all of them aside, but absent an agreemen...

A few days ago, I offered my two cents about the news story where the father of the bride asked her stepfather to help escort them down the aisle. The point that many parents overlook is that looking out for your children's best interests means that you should treat the adults in their lives with...

Over the past day, the media has been abuzz about the father who was walking his daughter down the aisle at her wedding. He then stopped, held up the ceremony for a minute, grabbed her stepfather and invited him to walk down the aisle with them. I am sure there was not a dry eye in the place. I a...

Many people feel that during dark times such as a divorce, you should rely upon friends and family for help and support. I suggest something radically different. As tempting as it may be, just don't do it. I'm not suggesting that you keep them in the dark. Just use good judgment. Do not rely upon...

Here are the 10 things you should look for when you hire a divorce attorney: 1. Make sure that your attorney focuses on divorce and family law matters. Many attorneys are generalists. They practice in 4, 5 or unlimited areas of law. You don't want that. If you have a problem with your foot, you ...

Here is the straight dope. If your marriage is breaking up, it was because of something negative. Either you, your spouse or both of you do not believe you are compatible anymore. You might have a positive outlook on this, but the source is negative. That's the truth. Your soon to be ex is no lo...

What was passionate bliss just a few years ago has turned into all-out war. Two mega stars, Ben Affleck and Jennifer Garner are about to fight it out in family court and their three children are in the middle. The children didn't ask for this. They never asked to have celebrity parents. They didn...

In many but not all divorce cases, there exists a Judgment or an order that a spouse pays another spouse child support, spousal support or both. Orders are enforceable the same way Judgments are. The question is how do these orders get modified? There are two ways only. They are: File a Reque...

This morning, when I was in Court, I witnessed a hearing where a husband was attempting to get a default Judgment set aside. The wife obtained an Entry of Default over two years ago and a Default Judgment six months ago. The husband did not file a Response and was shocked to find out that the Def...

Here is the situation. Husband and Wife divorce after 20 years of marriage. During the divorce proceedings, Husband is ordered to pay spousal support to Wife. Husband was a very high earner. The Court then enters Judgment ordering Husband to pay Wife spousal support on a permanent basis, meaning ...

In divorce cases, victory and defeat are relative. There are many Pyrrhic victories in family law. For example, if you get that support reduction you were looking for but you spent every last dime you had on attorneys' fees to get it, then that is a hollow victory. Spending $5000.00 to gain a $50...

Today, TMZ broke the story that Amber Rose filed for divorce from her husband Wiz Khalifa claiming that Wiz is a “serial cheater". How does cheating in a marriage affect the divorce? California is a “no-fault” state. That means you do not need to have a reason to get divorced. A spouse need not p...

The concept of separation is one where the body of law is much smaller compared to others, but in terms of your divorce is probably the most important. Two of the most important dates in any divorce (other than the date you are finally divorced) are your Date of Marriage and your Date of Separati...

One of the main issues in every divorce case is how to value the assets that are going to be distributed. For example, a home or business would normally be valued by an appraiser of such assets. But, for purpose of community property division, the question most people is what is the appropriate d...

Many people link divorce attorneys to therapists. In truth, that misconception came from TV shows and movies. Here are a few other myths: We are all like Arnie Becker from LA Law and we try to sleep with our opposite sex clients; We are all like Arnie Becker from LA Law and we try to sleep wi...

In an earlier blog post, I addressed the issue of whether or not you should move out of house voluntarily. Here, the discussion is a bit different, hence the question: Whether your spouse can have you removed from the house. Up until last year, in California, it was much easier to obtain what is...

Child custody disputes are almost always reduced to liars contests, which Courts hate deciphering. The classic "he said, she said" is maddening to family law attorneys and judges because, without witnesses or documentation, the court does not know who to believe almost always resulting in the pro...

In today's edition of the Huffington Post, reporter Lauren Duca reports that "Orange is the New Black" writer Lauren Morelli is divorcing her husband, Steve Basilone and has begun a romantic relationship with Samira Wiley, who plays Poussey on the show. A link to the article is here: http://www....

A parent's failure or refusal to pay court-ordered support is considered to be so serious, that California law has designed a myriad of remedies and punishments available to ensure compliance with support orders. A support order is considered to be a Judgment and can be collected on as if it were...

One of the fairly common problems in many cases where support is at issue is whether a party is earning to his or her capacity. An example of this is where a person with multiple degrees and/or extensive work experience is either unemployed or underemployed. Example: Wife owns a business during ...

This is a question that many men ask me. Many of them are thrilled that their ex wives married a rich guy and now want to eliminate or reduce their support obligations. Can it be done successfully? Yes and No. When it comes to Spousal Support, if your ex spouse is married to or living with anot...

You might have heard that you must stay in the house if at all possible during a divorce. Some people have commented that if you move out, then you are essentially abandoning your family. I disagree. There are circumstances where it is perfectly appropriate to remain in the house, for example whe...